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Title 42 — The Public Health and WelfareRelease 119-73

§11045 Enforcement

Title 42 › Chapter CHAPTER 116— - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 11045

Last updated Apr 6, 2026|Official source

Summary

The Administrator can order most facility owners or operators to follow the information and reporting rules in the law. A United States district court can enforce those orders. If someone breaks an order, they can be fined up to $25,000 for each day the break keeps going. For violations of the notice rules in section 11004, the Administrator can assess up to $25,000 per violation, and must give notice and a chance for a hearing first. When setting a penalty, the Administrator must consider how serious the violation was, how long it lasted, the violator’s ability to pay, past violations, blame, any money saved by breaking the rule, and other fairness factors. The Administrator can also impose daily fines up to $25,000 per day, and up to $75,000 per day for repeat violations, or go to court to collect those fines. Knowingly failing to give required notice can lead to a criminal fine up to $25,000 or up to two years in prison (for repeat offenses the fine can be up to $50,000 or up to five years in prison). If a trade-secret claim is found unsupported or frivolous, anyone who knowingly exposes protected information can be fined up to $20,000 or jailed up to one year, or both. Non-government people who break certain information duties face civil fines too: up to $25,000 per violation for some sections, and up to $10,000 per violation for others, with each day of ongoing noncompliance treated as a separate violation. A health professional denied required information can sue in federal court to get it. Anyone fined can appeal in the proper federal district court by filing a notice within 30 days and sending a copy to the Administrator. The Administrator may issue subpoenas for witnesses and documents for these cases, and the courts can enforce those subpoenas and punish refusals.

Full Legal Text

Title 42, §11045

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Administrator may order a facility owner or operator (except an owner or operator of a facility designated under section 11002(b)(2) of this title) to comply with section 11002(c) of this title and section 11003(d) of this title. The United States district court for the district in which the facility is located shall have jurisdiction to enforce the order, and any person who violates or fails to obey such an order shall be liable to the United States for a civil penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues.
(b)(1)(A)A civil penalty of not more than $25,000 per violation may be assessed by the Administrator in the case of a violation of the requirements of section 11004 of this title.
(B)No civil penalty may be assessed under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation.
(C)In determining the amount of any penalty assessed pursuant to this subsection, the Administrator shall take into account the nature, circumstances, extent and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.
(2)A civil penalty of not more than $25,000 per day for each day during which the violation continues may be assessed by the Administrator in the case of a violation of the requirements of section 11004 of this title. In the case of a second or subsequent violation the amount of such penalty may be not more than $75,000 for each day during which the violation continues. Any civil penalty under this subsection shall be assessed and collected in the same manner, and subject to the same provisions, as in the case of civil penalties assessed and collected under section 2615 of title 15. In any proceeding for the assessment of a civil penalty under this subsection the Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents and may promulgate rules for discovery procedures.
(3)The Administrator may bring an action in the United States District 11 So in original. Probably should not be capitalized. court for the appropriate district to assess and collect a penalty of not more than $25,000 per day for each day during which the violation continues in the case of a violation of the requirements of section 11004 of this title. In the case of a second or subsequent violation, the amount of such penalty may be not more than $75,000 for each day during which the violation continues.
(4)Any person who knowingly and willfully fails to provide notice in accordance with section 11004 of this title shall, upon conviction, be fined not more than $25,000 or imprisoned for not more than two years, or both (or in the case of a second or subsequent conviction, shall be fined not more than $50,000 or imprisoned for not more than five years, or both).
(c)(1)Any person (other than a governmental entity) who violates any requirement of section 11022 or 11023 of this title shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation.
(2)Any person (other than a governmental entity) who violates any requirement of section 11021 or 11043(b) of this title, and any person who fails to furnish to the Administrator information required under section 11042(a)(2) of this title shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.
(3)Each day a violation described in paragraph (1) or (2) continues shall, for purposes of this subsection, constitute a separate violation.
(4)The Administrator may assess any civil penalty for which a person is liable under this subsection by administrative order or may bring an action to assess and collect the penalty in the United States district court for the district in which the person from whom the penalty is sought resides or in which such person’s principal place of business is located.
(d)(1)If the Administrator determines—
(A)(i)under section 11042(d)(4) of this title that an explanation submitted by a trade secret claimant presents insufficient assertions to support a finding that a specific chemical identity is a trade secret, or (ii) after receiving supplemental supporting detailed information under section 11042(d)(3)(A) of this title, that the specific chemical identity is not a trade secret; and
(B)that the trade secret claim is frivolous,
(2)Any person who knowingly and willfully divulges or discloses any information entitled to protection under section 11042 of this title shall, upon conviction, be subject to a fine of not more than $20,000 or to imprisonment not to exceed one year, or both.
(e)Whenever any facility owner or operator required to provide information under section 11043 of this title to a health professional who has requested such information fails or refuses to provide such information in accordance with such section, such health professional may bring an action in the appropriate United States district court to require such facility owner or operator to provide the information. Such court shall have jurisdiction to issue such orders and take such other action as may be necessary to enforce the requirements of section 11043 of this title.
(f)(1)Any person against whom a civil penalty is assessed under this section may obtain review thereof in the appropriate district court of the United States by filing a notice of appeal in such court within 30 days after the date of such order and by simultaneously sending a copy of such notice by certified mail to the Administrator. The Administrator shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the United States, the Administrator may request the Attorney General of the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty on the record.
(2)The Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this section. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11045

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73